Odger's English Common Law

396 BURGLARY AND HOUSEBREAKING.
Housebreaking differs from burglary in two important
particulars :
—
(i.) It can be committed at any hour of the day or night.
(ii.) It can be committed on any building, whether a
dwelling-house or not, so long as it is a solid structure, not
merely a tent or movable caravan.
The rules stated above as to breaking and entering in a
case of burglary apply equally to housebreaking.
It is also a misdemeanour, punishable with penal servitude
for five years, to be found armed by night with intent to
break into a dwelling-house or other building and commit a
felony therein, or to be found in possession of housebreaking
implements by night without lawful excuse, or to be disguised
by night with intent to commit a felony, or to be found by
night in any building with intent to commit any felony
therein. 1
If the prisoner has been previously convicted of
any such misdemeanour or of any felony, he may be sentenced
to ten years' penal servitude.
It is sacrilege to break and enter, whether by day or night,
any place of divine worship and commit a felony therein ; or
being in any such place of worship to commit a felony
therein and then break out. 2
The offence in either case is a
felony punishable with penal servitude for life, and cannot be
tried at Quarter Sessions. It is also a felony punishable
with penal servitude for seven years to break and enter at
any time of the day or night any such place of worship with
intent to commit a felony therein. 8
It is sufficient if the
vestry be broken into, for the vestry is part of the place of
divine worship. 4
The church, chapel or meeting-house of
any denomination is " a place of divine worship " within
these sections.
1 lb. s. 28 ; and see U. v. Ward, [1915] 3 K. B. 696.
2 lb. b. 24.
» lb. fi. 27 (2).
< B. v. Evans (1842), Car. & M. 298.